Date of Decision: December 18, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Swimmer
Field: Athletics (Swimming)
Nationality: Uzbek
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Awards at Major Swimming Events: The Petitioner has received nationally and internationally recognized awards in swimming events, fulfilling the awards criterion at 8 C.F.R. § 204.5(h)(3)(i).
Membership in a Distinguished Association: The Petitioner demonstrated membership with the Uzbekistan National Swimming Federation, meeting the membership criterion at 8 C.F.R. § 204.5(h)(3)(ii).
Published Material About the Petitioner: The Petitioner established published material about her in two major media publications, satisfying the published material criterion at 8 C.F.R. § 204.5(h)(3)(iii).
Criteria Not Met:
Evidence of Leading or Critical Role: The Petitioner did not sufficiently demonstrate that her roles with the Uzbekistan Swimming Federation, her university swim team, or the regional swim team were reflective of widespread acclaim or that they represented a leading or critical role at a distinguished organization.
Evidence of High Salary or Remuneration: The Petitioner did not provide sufficient evidence to show that she has commanded a high salary or other significant remuneration for services, which would reflect her extraordinary ability in the field.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner received a bronze medal at the 2009 Asian Indoor Games; multiple gold medals at the Uzbekistan National Championships in 2010, 2011, and 2015; and a gold and a silver medal at the 2016 Asian Swimming Championships. However, the Petitioner did not document her placements in many other competitions, such as the 2009 World Championships and the 2015 World Championships, which weakened her overall claim.
Published Materials About the Petitioner:
The Petitioner offered one article from the Uzbekistan National News Agency and three press releases from swimswam.org. However, the quantity and quality of this media coverage were not sufficient to demonstrate sustained national or international acclaim.
Original Contributions of Major Significance:
There was no substantial evidence provided that the Petitioner’s contributions to the field of swimming were of major significance or that they garnered significant recognition.
Participation as a Judge:
No evidence was provided to show that the Petitioner participated as a judge of the work of others in her field, which is one of the criteria that could demonstrate extraordinary ability.
Membership in Associations:
While the Petitioner demonstrated membership in the Uzbekistan National Swimming Federation, this alone did not reflect sustained national or international acclaim or that she is among the small percentage at the very top of her field.
Authorship of Scholarly Articles:
There was no evidence presented of the Petitioner having authored scholarly articles in professional journals or other major media.
Leading or Critical Role Performed:
The Petitioner did not sufficiently demonstrate that she performed in a leading or critical role for organizations or establishments with distinguished reputations.
Artistic Exhibitions or Showcases:
This criterion was not applicable to the Petitioner’s case.
Evidence of High Salary or Remuneration:
The Petitioner did not provide evidence that she commanded a high salary or significant remuneration indicative of her extraordinary ability.
Commercial Successes in the Performing Arts:
This criterion was not applicable to the Petitioner’s case.
Supporting Documentation
- Awards Certificates and Medals:
- Bronze medal at the 2009 Asian Indoor Games
- Gold medals at the 2010, 2011, and 2015 Uzbekistan National Championships
- Gold and silver medals at the 2016 Asian Swimming Championships
- Media Publications:
- Article from the Uzbekistan National News Agency (2011)
- Three press releases from swimswam.org (2015)
- Letters of Support:
- Letter from the head coach of the University swim team
- Letter from the Uzbekistan National Swimming Federation
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Petitioner did not sufficiently document her swimming career, and the provided evidence did not meet the very high standards required for classification as an individual of extraordinary ability. The Petitioner’s achievements, while notable, did not demonstrate sustained national or international acclaim or that she is among the small percentage at the top of her field.
Next Steps:
The Petitioner may consider gathering more comprehensive and detailed evidence of her achievements, particularly focusing on demonstrating sustained national or international acclaim and significant contributions to her field. Reapplying with additional documentation might improve her chances of meeting the extraordinary ability criteria.
